Drug case ‘erroneously filed’ by police; 8-hour turnover rule cited

Assistant City Prosecutor Alex Gabu (center) asks queries from the 14-year-old girl (left) who was arrested by police for selling and keeping shabu. The girl was accompanied by her mother (right.) (CDN PHOTO/ADOR MAYOL)

The 14-year-old girl who was arrested in a P5.9 million drug bust in Cebu City over the weekend was released yesterday from police custody to the care of government social workers.

The girl was turned over to the Social Welfare and Development Office (SWDO) after Cebu City Assistant Prosecutor Alex G. Gabud issued a resolution dismissing the charges of drug possession and selling filed by the police.

“Apparently these cases involving the said child were erroneously filed,” Gabud said in his resolution since minor offenders below 15 years old are exempt from criminal liability.

Gabud also cited the proper procedure for taking a child into custody: Not later than eight hours after apprehension, custody of the minor must be turned over to the local social welfare office and the parents notified under Section 21 of Republic Act 9344 or the Juvenile Justice and Welfare Act of 2006.

A delay was observed in keeping the girl custody in the Labangon police station over the weekend following her arrest Saturday night.

The PNP Crime Laboratory was likewise directed to “preserve” the evidence “until further orders.”

A total of 301 grams of shabu and a digital weighing scale were seized in a buy-bust operation at the girl’s rented room in barangay Labangon. Police said they had been monitorring the girl’s movements for two weeks.

Ester Concha, head of the Department of Social Welfare Services (DSWS) of the Cebu City govern ment, confirmed that the girl was taken to an undisclosed shelter.

“We need to talk to her mother about what she wants to do with the child, but definitely she will have to undergo counselling,” she told Cebu Daily News.

The city prosecutor’s resolution directed the SWDO “to determine the appropriate intervention programs for the child.”

Under RA 9344, the social welfare officer “shall explain to the child and the child’s parents/guardians the consequences of the child’s act with a view towards counseling and rehabilitation, diversion from the criminal justice system and reparation, if appropriate.”

Gabud said the police should not have even filed a complaint against the child.

“Basically, there’s no case here. The fact that this girl is 14 years old is enough basis for me to release her,” he told CDN.

The DSWS took custody of the girl at around 4 p.m. Alma Cabus of the DSWS said they will not release the girl to her mother, a laundrywoman who is separated from her spouse.

“Based on my assessment, the place where they live is not conducive (for the child’s upbringing).

I’m also taking into consideration the safety of this child,” said Cabus shortly before boarding a taxi with the girl and a police officer.

The girl’s 49-year-old mother, who was present at the prosecutor’s office, was teary-eyed after learning that no charges were filed against her daughter.

“Dako kaayo ang akong kalipay. (I’m very happy),” she said.

“Sakit man sa akong kabubut-on, dawaton na lang nako. Maayo na lang na kay sa ma-priso siya. (While it hurts that my daughter will not be returned to me, I accept the ruling which is better than seeing her go to jail).”

She said her daughter promised to stop taking part in illegal drug activities.

“Ako siyang pasayloon kay unsaon anak man. Isalikway diay na nako? (I just have to forgive her because she’s my daughter. I can’t just abandon her),” said the mother who has four children.
She said her youngest daughter was influenced by her “barkada”.

“Sige man gud na siyag kuyog sa iyang mga barkada. Wa koy pagkulang niya isip inahan. Nadaot lang gyud na siya sa barkada. (My daughter is always with her friends. I have fulfilled my duties as a mother. Her life was ruined by her friends),” she said.

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